When we’re sick or have been injured, we put our faith in doctors and other medical professionals. We all rely on the professionals and the medical facilities they work in for their knowledge and expertise, and for their access to the equipment and medications we need. Most physicians take their obligations seriously and work to provide the best care possible. But medical malpractice happens–maybe more often than you’d like to believe.
Research published by the American Medical Association (AMA) revealed that more than 30% of doctors have been sued for negligence at some point in their careers. That percentage is even higher for older doctors who have been in practice longer.
If a doctor, hospital, or other medical professional or facility has let you down, you’ll want to speak to an experienced malpractice attorney as soon as possible. Though medical professionals can be held responsible for their negligence, pursuing a claim against a doctor or hospital is complicated. The injury lawyers at Harrell & Harrell, P.A. have the knowledge, experience, and resources to successfully pursue a medical malpractice claim.
We know how important it is for you to have reliable information and guidance after a traumatic experience like a medical injury, so we want to make it as easy as possible for you to get the help you need. You can schedule your free, no-obligation consultation right now by calling 800-251-1111 or filling out our contact form.
Medical malpractice has a very specific legal meaning in Florida. Not every bad outcome gives rise to a malpractice claim. In fact, you won’t necessarily have a medical malpractice claim simply because a doctor made a treatment choice that wasn’t effective or didn’t try everything possible. Florida law specifically states that simply having sustained a medical injury does not create any inference or presumption that the provider was negligent.
Instead, a healthcare provider may be liable for medical malpractice when their actions (or lack of action) fall below the accepted standard of care for their profession. Most people don’t have enough in-depth knowledge of the medical profession and existing standard of care to make that judgment, so it’s best to consult a malpractice attorney right away if you suspect that you or a loved one has been harmed by medical negligence.
Any type of medical negligence can potentially be the basis of a medical malpractice claim. Some of the most common types include:
A medical malpractice claim arising from a surgical error in which gauze pads were inadvertently left in the patient, our client, following a procedure. The jury returned a verdict of $1,005,000 for our client.
While the vast majority of healthcare providers deliver safe and effective care, preventable mistakes can occur. Medical professionals are required to exercise reasonable care consistent with accepted standards in their field. When that standard is not met, responsible parties may be held accountable for the harm caused.
Note that the concept of medical malpractice is often misunderstood. A situation doesn’t rise to the level of malpractice if the results of a consultation or procedure don’t solve your medical problem. It becomes malpractice when a medical professional performs at a sub-standard level when, if standards of care were met, you would be fine.
Does this sound like a situation you’ve experienced? If so, know we offer a free consultation where we’ll review your records at no charge. You can contact us online to set up your free consultation, or, you can call one of our experienced medical malpractice lawyers at 800.251.1111.
Building an effective claim for medical malpractice requires a solid understanding of how the standard of care works in a medical malpractice case. This is complicated because the standard of care may differ based on whether the physician involved is a primary care physician or a specialist, and on the medical condition in question. The standard of care may even differ geographically, since the availability of specialized medical equipment and facilities may impact the expected course of action for a medical professional.
It is the injured patient’s responsibility — through their medical malpractice attorneys — to establish that the doctor or healthcare facility didn’t meet the standard of care for the circumstances. This starts with a barrier to filing a medical malpractice case that doesn’t exist in other types of negligence cases.
To file a medical malpractice case, the plaintiff’s malpractice lawyer must file a certification stating that they have conducted an investigation and there is reason for a good faith belief that medical negligence has occurred. This is typically accomplished by securing an opinion from an expert witness. Florida law also requires that the plaintiff provide advance notice of the intent to file and allow the potential defendants and their insurers time to conduct their own investigation.
If the case proceeds to trial, there are statutory requirements for expert witnesses as well. For example, if the defendant is a specialist in a particular area of medicine, an expert witness testifying to the standard of care must have a specialization in the same area and meet other requirements, such as recent experience practicing that type of medicine.
If your condition is life-threatening, seek immediate medical attention from a new provider. Once you’re stable, or if the issue is not urgent, follow these steps to protect both your health and your potential claim.
If you believe you’ve been the victim of medical malpractice, it can be difficult to know where to turn. You need medical advice you can count on, but you may not be sure who to trust. An experienced medical malpractice attorney can help you understand your legal rights and may help you connect with medical professionals who can provide a second opinion.
Don’t confront your provider. The first thing you’ll want to do is find another medical provider to give you a second opinion. While protecting your malpractice claim is important, protecting your health is more important. Ask people you trust for recommendations and check reviews to find the best provider possible for your circumstances. Ideally, they will work for a different facility or health system.
Gather all of the medical documentation you can–test results, treatment plans, billing records, and whatever else is available. If possible, obtain copies of x-rays, scans, and similar tests, not just the written report of the results. These records will help your new provider understand what has happened so far, and what has or has not helped your condition.
It may be tempting to talk about what you believe went wrong, but avoid talking to your new provider about malpractice. Stay focused on your medical condition and finding an appropriate treatment plan.
Our medical malpractice lawyers know how to navigate the technical special processes surrounding a Florida medical malpractice claim, including how to identify and work with the right medical experts. We’ll also take charge of steps like investigating and providing notice of intent to the defendants.
We’ll put our extensive experience to work negotiating with the providers’ insurance carriers on your behalf. If the insurers won’t offer a fair settlement, we’re ready and willing to fight for you at trial. To learn more, call us today at (904) 251-1111 or fill out our contact form.
Medical malpractice takes place when a medical professional fails to perform his or her duties competently and, as a result, a patient was harmed. Legal specifics vary by state but, in general, the situation broadly described here must exist for something to qualify as malpractice.
A doctor-patient relationship must exist, meaning you hired a medical professional and he or she agreed to this arrangement. You couldn’t, for example, successfully sue a doctor for following advice you overheard in a hospital hallway.
This professional must have been negligent in discharging his or her duty at an appropriate standard of care. In other words, a breach of duty must exist. It is not enough, for example, if you disagree with advice or treatment given, or if the treatment was not the best available. The professional just must have been reasonably skillful and careful.
This negligence must have caused an injury or been the cause of a worsening injury or illness.
You must have actually suffered harm because of what the medical professional did or neglected to do. Damages must have occurred.
There are four elements of malpractice—actually hiring a professional, that professional being negligent, that negligence causing injury, and that injury causing you to suffer harm. To prove medical malpractice, each of these elements must be proven. Specifics of malpractice law vary by state but, in general, these elements serve as the basis of malpractice proof.
Medical negligence occurs when a professional indirectly causes injury or death, because the standards of care were not met. No harm was intended, but a lack of knowledge or action causes a harmful oversight to take place. With malpractice, the standard of care was intentionally breached, which can make the latter even more complex to prove in court.
From the moment you suspect that malpractice may have occurred, begin to gather your medical records and write down a detailed timeline of what happened, including what you were told by medical professionals. List how the injuries you’ve suffered have had, and are having, a negative impact on your life. Because these types of cases can become quite complex, with multiple nuances of the law coming into play, it makes good sense to also contact an experienced medical malpractice attorney.
Navigating a personal injury claim can be overwhelming. Our quick, easy-to-understand videos cover the most common questions we hear from clients — so you can feel informed and confident every step of the way.
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